Legal battles stall criminal case against Epic Charter Schools founders

The criminal case against the co-founders of Epic Charter Schools has again stalled, this time over a dispute over who should be the judge at the trial.

The co-founders, Ben Harris and David Chaney, are accused of defrauding students out of millions of dollars. They were indicted in 2022 in Oklahoma County District Court for fraud, conspiracy, embezzlement, money laundering and other crimes.

On Thursday, District Judge Susan Stallings refused to disqualify herself for the second time.

It was Harris who made the request that she resign. Defense attorney Joe White will now ask the Oklahoma County Chief Judge to remove Stallings from the case.

The attorney said he will most likely go to the Oklahoma Court of Criminal Appeals if the chief judge upholds Stallings in the case. A decision there could take months.

Four other district judges have already recused themselves from the case.

Harris wants Stallings off the case in the first place because he worked for District Attorney David Prater while Epic Charter Schools was under investigation.

“What matters is not the reality of bias or prejudice, but the appearance of it,” White said.

Prater filed the criminal case before he retired. Attorney General Gentner Drummond took over the prosecution of the case last year. A top aide, Jimmy Harmon, suggested Thursday that the real reason for the disqualification motion is “judge shopping.”

In refusing to resign, Stallings noted that he had not been a prosecutor in six years. She said she was the head of the domestic violence unit for Prater and was unaware of the Epic investigation.

The case was stalled due to a legal issue involving Chaney’s attorney. This issue arose during the preliminary hearing of the case.

The key witness at the preliminary hearing was Josh Brock, who was the chief financial officer at Epic Charter Schools and an affiliated private company. He too was charged, but struck a deal with prosecutors to avoid jail time.

Brock first testified against Chaney and Harris in March and was scheduled to testify further in May. Special Judge Jason Glidewell was to decide after his testimony whether the evidence was sufficient for a trial.

Instead, the preliminary hearing was suspended because Brock sought to have Chaney’s attorney begin the case.

Brock complained that Chaney’s lawyer had also been his lawyer in the past. He argued that it would be unethical for the lawyer, Gary Wood, to cross-examine him.

Wood said he never represented Brock and never gave him any reason to believe so.

More: The co-founders of Epic Charter Schools have been arrested on charges of financial crimes

Stallings was supposed to address the issue at a hearing in July, but did not when he was asked to resign.

Prosecutors had planned to call Prater at the July hearing to testify that Wood proposed a global plea deal for all three defendants.

“Mr. Wood told Mr. Prater that he was authorized to engage in plea negotiations for all three defendants,” prosecutors wrote in a legal filing. “The settlement negotiations included the defendants paying a significant amount up front for restitution to the State of Oklahoma. … Those communications/meetings … ended shortly before Mr. Prater left his position as District Attorney.”

The preliminary hearing likely wouldn’t resume until next year if Wood is removed, as Chaney could appeal that decision to the Oklahoma Court of Criminal Appeals. Also, a new lawyer would need time to familiarize himself with the evidence in the case.

Epic began as a virtual charter school in 2011. It later offered a combination of virtual and in-person instruction in Oklahoma and Tulsa counties. Enrollment exceeded 60,000 students during the COVID-19 pandemic. Now there are about 27,000.

Legal battles stall criminal case against Epic Charter Schools founders

By Matthew. Jr

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Legal battles stall criminal case against Epic Charter Schools founders

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